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MARTURELLO v. ANGUS

No. 90-4188.

957 F.2d 732 (1992)

Amy L. MARTURELLO, individually and on behalf of all other persons similarly situated, Plaintiff-Appellee, v. Norman G. ANGUS, in his capacity as Executive Director of the Utah Department of Human Services; John P. Abbott, in his capacity as Director of the Office of Recovery Services, Defendants-Third-Party-Plaintiffs-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of the United States Department of Health and Human Services, Third-Party-Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 14, 1992.

Attorney(s) appearing for the Case

Jonathan R. Siegel, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., (Stuart M. Gerson, Asst. Atty. Gen., Dee Benson, U.S. Atty., and Michael Jay Singer, Atty., with him on the briefs), for third-party-defendant-appellant.

Michael E. Bulson, Utah Legal Services, Inc., Ogden, Utah, for plaintiff-appellee Amy L. Marturello.

Before HOLLOWAY, McWILLIAMS and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Appellant, the Secretary of Health and Human Services (HHS), appeals an order of the district court granting summary judgment in favor of the Plaintiff Amy Marturello and issuing a permanent injunction. On appeal, the Secretary of HHS contends that his policy, declaring a recipient who fails to file a monthly report of income received ineligible to receive benefits, is a reasonable interpretation of...

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